Igor Luchko transferred an apartment in Kyiv to Tatyana Uzun and Evgeniy Uzun for 1,658,285.00 hryvnia. He claims that the transfer of real estate occurred in violation of the law and without his consent. What really happened?
In light of the legal drama unfolding in the Dneprovsky District Court of Kyiv, the journalistic team of our publication decided to find out the details of the consideration of the case of Luchko I.V. v. Uzun T.M. and Uzun E.A. The lawsuit, dated November 15, 2017, sets in motion a series of twisted events and uncertainties that fill this legal thriller.
Start of business: purchase and sale agreement
The controversial story began on July 13, 2017, when Luchko I.V. and Uzun E.A. entered into a purchase and sale agreement for an apartment in Kyiv. The preliminary agreement, agreed upon on June 29 of the same year, was signed with the participation of the seller’s representative A.P. Rakovsky. and determined the sale price to be $64,000.00.
However, according to the case materials, Uzun T.M. and Uzun E.A. how the defendants deny the illegality and groundlessness of Luchko I.V.’s claims. Considering the circumstances of the case, they believe that all actions are legal. The court decided to consider this complex case, opening proceedings on November 7, 2023. Now public interest is directed to an urgent response from the defendants, which was received by the court on November 25, 2023.
One of the key aspects of the matter is the issue of the price of the apartment. The preliminary agreement fixes the cost at 64,000.00 dollars, but the final agreement sets it at 1658285 00 hryvnia, which causes resonance and suspicions regarding the possible failure to determine the transaction.
An important element of the investigation is the role of the seller’s representative A.P. Rakovsky, who agreed on the terms of the transaction. The inconsistency of its role and possible interference with the will of the owner become the focus of our analysis.
It is worth noting that the cost of the apartment according to various sources contradicts each other. On the one hand, it is argued that it was sold at market value, on the other hand, the plaintiff claims that the value was underestimated.
The assessment report dated October 31, 2023 does not contain information about the subject of the dispute and is considered improper in the sense of the Civil Procedure Code.
The seller received money from buyers for the apartment, and his claim of cash receipt through a representative is contradicted by payment orders and bank statements. The plaintiff's allegations of malicious agreement are not supported by substantiation.
The disputed contract is considered completed taking into account the evidence provided.
The plaintiff's arguments are not based on the law, they are only emotional statements and assumptions. According to the Civil Procedure Code of Ukraine, each party must prove its circumstances, and proof cannot be based on assumptions.
The plaintiff did not provide adequate evidence to support his claim that the sale of the apartment was influenced by a mistake or malicious agreement. The power of attorney issued to the representative at the conclusion of the contract was properly executed and confirms the plaintiff’s consciousness and dedication to the transaction.
According to the law, the sale price of real estate is the subject of an agreement between the parties and the valuation affects only the tax liability of the seller. The assessment report dated October 31, 2023, which does not contain information about the subject of the dispute, is considered insufficient from the point of view of the Civil Procedure Code.
Another aspect considered is money circulation. The seller received money from the buyers, and allegations of cash receipt through a representative are negated by payment orders and bank statements. The allegations of malicious agreement are not supported by arguments.
It is important to consider that the disputed contract is considered completed taking into account the evidence provided. The plaintiff's arguments are not based on the law, and the Civil Procedure Code of Ukraine requires each party to prove its own circumstances.
These claims are supported by legal norms, in particular articles 178, 187, 277 of the Civil Procedure Code of Ukraine. Please consider the case according to the rules of general claim proceedings and make a decision in accordance with the presented arguments and the norms established by law.
The case continues to unfold, and its circumstances become even more complex. Journalists from our publication are completing the first stage of the investigation, noting that further circumstances may significantly affect the final verdict. We will continue to monitor this important matter and inform you of every turn of events.
